Govindrao Marotirao Patil (Died) Thr Lrs Laxmibai And ORS v. The State Of Mah And ORS

1 910-CA-2315-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO.2315 OF 2019 IN FA/1266/2010 GOVINDRAO MAROTIRAO PATIL (DIED) THR LRS LAXMIBAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr Milind M. Patil (Beedkar) AGP for Respondent Nos.1 and 2 : Mr A.B. Chate CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st FEBRUARY, 2022 PER COURT :

1.

It is an application for bringing on record the legal heirs of original appellant.

2.

Heard Mr Milind Patil, learned counsel for the applicants and Mr Chate, learned AGP for respondent Nos. 1 and 2. 3.

None present for respondent No. 3 when the matter is called out online.

4.

Original appellant-Govindrao s/o Marotirao Patil is reported to be dead on 26th August, 2018. The details of his legal heirs are given in para No. 3 of the application. There seems to be delay of only 25 days in preferring this Civil Application for bringing on record legal heirs. 5.

Having regard to the nature of dispute between the parties and in order to dispose of appeal on its own merits, it is necessary to allow this

2 910-CA-2315-2019 application so as to bring on record legal hears of the appellant by condoning the delay.

ORDER

(i) The application is hereby allowed in terms of prayer clause (B) and (C).

(ii) The applicants to carry out necessary amendment in the array of appeal memo within a period of two weeks from today and provide a copy of amended appeal memo to the other side. (iii) The Civil Application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] mta